18587. Adulteration and Misbranding of butter.    TJ. S. v. 20 Tubs of Butter,
Product released under bond to be reworked. (F. & D. No. 24996, 
I. S. No. 036861.    S. No. 3230.)
Examination of butter from the shipment herein described having shown that 
the samples contained less than 80 per cent of milk fat, the standard provided 
by Congress, and that the quantity of the contents was not declared on the 
label, the Secretary of Agriculture reported the matter to the United States 
attorney for the District of Minnesota.
On June 19, 1930, the United States attorney filed in the District Court of 
the United States for the district aforesaid a libel praying seizure and con- 
demnation of 20 tubs of butter, remaining in the original unbroken packages at 
Minneapolis, Minn., alleging that the article had been shipped by the Mayville 
Creamery Co., from Mayville, N. Dak., June 6, 1930, and had been transported 
from the State of North Dakota into the State of Minnesota, and charging 
adulteration and misbranding in violation of the food and drugs act as 
amended. The article was labeled in part: (Tubs) " Nein Creamery Co., 
Minneapolis, Minn.   From Mayville Creamery, Mayville, N. Dak."
It was alleged in the libel that the article was adulterated in that a sub- 
stance deficient in butterfat had been mixed and packed therewith so as to re- 
duce or lower or injuriously affect its quality or strength, and had been 
substituted wholly or in part for the said article.
Misbranding was alleged for the reason that the article was offered for sale 
under the distinctive hame of another article, and for the further reason that 
it was food in package form and the quantity of the contents was not plainly 
and conspicuously marked on the outside of the package.
On July 3, 1930, the Nein Creamery Co.. Minneapolis, Minn., having appeared 
as claimant for the property and having consented to the entry of a decree of 
condemnation and forfeiture, judgment was entered finding the allegations of 
the libel to be true and ordering that the product be released to the r-iaimant 
upon payment of costs and the execution of a bond in the sum of 3700, con- 
ditioned in part that it be reworked under the supervision of this department.
ARTHUR M. HYDE, Secretary of Agriculture.